[Human Resources and Social Energy] Do not pay social security without signing a contract?NO!
Author:Human Resources and Social Sec Time:2022.09.27
Galloping
Social insurance protects you
Work -related injuries, unemployment, retirement pension ...
It is indispensable
Pay social insurance premiums in accordance with the law
It is both the right of employers and workers
It is also the common obligation of both parties
Both parties have no right to avoid
The legal obligation to pay social insurance premiums
Not counted as a small account, regardless of small profits, do not listen to the family ...
@ @
You must protect your legitimate rights and interests
Some company
Based on not signing a labor contract
Do not pay employees to pay social security
This kind of speech is wrong!
The employer shall establish a labor contract with the workers within one month from the date of employment and pay social security premiums in accordance with the law.
No labor contract
It does not mean that there is no labor relationship!
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Do n’t worry about encountering a labor contract without signing a labor contract. Employees can apply for arbitration and filed a lawsuit in accordance with the law, asking to confirm the labor relationship between themselves and the employer.
"Notice on Establishing Establishment of Labor Relations" Article 2 stipulates:
The employer did not sign a labor contract with the workers. When it was found that the two parties had labor relationships, they could refer to the following vouchers:
(1) Wage payment vouchers or records (roster issuance of employee wages), records of paying various social insurance premiums;
(2) The "work permit" and "service certificate" issued to the employer to the workers can prove identity;
(3) Recruitment records of employers recruited by employers filled in by workers;
(4) attendance records;
(5) testimony of other workers.
Among them, (1) (3) (4) the relevant vouchers of items shall be liable for the employer.
Labor relationship
The employer should pay social insurance for employees
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